[Ord. No. 21-01]
This chapter is enacted to regulate the sale, distribution,
consumption, and transportation of alcoholic beverages in the Township
of Rockaway in accordance with the provisions of N.J.S.A. 33:1-1 et
seq., the rules and regulations set forth in N.J.A.C. 13-2-1 et seq.,
and as otherwise may be required by the Director of the New Jersey
Division of Alcoholic Beverage Control.
For the purpose of this chapter, the words and phrases herein
shall have the same meaning as in N.J.S.A. 33:1-1 et seq., and the
rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
All applications for license, all licenses issued, and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in §
6-1, and all other applicable laws of the State of New Jersey or of the United States.
All licenses required by this chapter shall be issued by the
Township Council.
No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in §
6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1971 Code § 29-2; Ord. No. 5-29-84; Ord. No. 3-7-85; Ord. No. 94-25 § 1; Ord. No. 97-5 § 1; Ord.
No. 06-44 § 1; Ord. No.
09-8 § 1]
The annual license fees of licenses for the sale and distribution
of alcoholic beverages in the Township shall be as follows:
Class of License
|
Annual License Fees
|
---|
Plenary retail consumption
|
$1,072
|
Seasonal retail distribution (summer season)
|
$432
|
Plenary retail distribution
|
$716.40
|
Club
|
$123.60
|
[1971 Code § 29-3; Ord. No. 8-7-79; Ord. No. O-21-01]
No alcoholic beverages shall be sold, delivered, served, or
consumed in any licensed premises between the hours of 2:00 a.m. and
7:00 a.m. on every day.
[1971 Code § 29-3; Ord. No. 8-7-79; Ord. No. O-21-01]
During hours in which the sales of alcoholic beverages are not prohibited by §
6-4.1, such sales shall be prohibited as required by the applicable provisions of N.J.S.A. 33:1-1 et seq., N.J.A.C. 13:2-1 et seq., or by the Director of the Division of New Jersey Alcoholic Beverage Control.
[1971 Code § 29-4; Ord. No. 10-5-82; Ord. No. 98-16 § 1; Ord. No. 05-43 § 1]
A. No license, except club licenses, renewals and person-to-person transfers,
shall be granted or transferred to premises subject to the following
provisions:
(1) The distance between premises having a retail distribution license,
including seasonal or plenary, shall be 1,500 feet from another premises
with a retail distribution license.
(2) The distance between premises having a retail consumption license
shall be 1,500 feet from another premises with a retail consumption
license.
(3) The minimum distance between premises with different alcoholic beverage
licenses (consumption versus distribution) shall be 200 feet.
The distance shall be measured in the normal way a pedestrian
would walk from the nearest entrance of the licensed premises to the
nearest entrance of the premises sought to be licensed.
B. Notwithstanding the foregoing, within the R-B Zone, as described in Chapter
54, Land Use and Development, and Zoning Map for the Township of Rockaway, the minimum distance between all alcoholic beverage licensed premises, regardless of the type of license, shall be 200 feet.
During the hours that the sale of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person shall be
admitted or permitted to remain thereon except the licensee or bona
fide employees of the licensee.
[1971 Code § 29-5; Ord. No. 7-3-73]
No licensee or employer of a licensee shall sell, serve, deliver
or allow, permit or suffer the sale, service or delivery of any alcoholic
beverage, directly or indirectly, to any person under the legal age
to purchase alcoholic beverages or to intoxicated persons or allow,
permit or suffer the consumption of any alcoholic beverage by any
such person in or upon the licensed premises.
[1971 Code § 29-6]
The licensee shall not allow, permit or suffer the licensed
premises or the licensed business to be used in furtherance or aid
of or in connection with any illegal activity or enterprise resulting
in a conviction in a criminal prosecution.
[Ord. No. 1971 §§ 29-8,
29-9]
A. Illegal gambling. No licensee shall engage in or allow, permit or
suffer any illegal or unlawful game or gambling of any kind.
B. Slot machines restricted. No licensee shall possess, allow, permit
or suffer in or upon the licensed premises any slot machine or device
in the nature of a slot machine which may be used for the purpose
of playing for money or other valuable thing.
[1971 Code § 29-11]
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any provision
of any applicable statute or any of the rules or regulations of the
State Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance
with the provisions of N.J.S.A. 33:1-31 by service of a five-day notice
of charges preferred against the licensee and affording a reasonable
opportunity for hearing.
Suspension or revocation of a license shall be in addition to
any other penalty which may be imposed for a violation of this chapter.
No licensee shall sell or serve alcoholic beverages to persons
under the legal age.